“Corruption is a cancer, a cancer that eats away at a citizen’s faith in democracy, diminishes the instinct for innovation and creativity.”[1]
Corruption is not a today’s problem. It exists since the existence of mankind. It acts as a blockage for the development of a country. In 1809, the Swedish parliament (Riksdag) has established ‘Ombudsman institution’. The primary functions of Swedish Ombudsman were to deal with complaint from citizens against government officials. After that, it was established in Finland and Denmark in 1919 and 1955 respectively. There is no magic bullet to cure the disease of Corruption, there have to introduce a medicine i.e mechanism from time to time. In order to combat the corruption, the government of India has introduced the Lokpal and Lokayukta Act in 2013[2] Lokpal for the Union and Lokayukta for the state level. It’s main aim to bring the transparency and accountability of public officials. Now, more than 130 countries have similar institutions.
Corruption And Its Variant
Corruption defines as the abuse of entrusted power for private gain.[3] It does not mean that corruption are not exist in private sector. In several cases, the abuse of power is not for one’s benefit but for the benefits of one’s party, family, or friends etc. [4] Corruption can take in any form like:
1. Bribery
2. Embezzlement
3. Nepotism
4. Favoritism
5. Donation in the name of admission
6. Corruption by politician
7. Corruption by Bureaucrats
In response to the growing menace of corruption, the government introduced decisive reforms to reinforce integrity in public administration. A landmark initiative was taken by the Government of India through the enactment of the Lokpal and Lokayukta Act[5], aimed to create an independent authority to investigate misconduct among public officials.
Historical Background Of Lokpal And Lokayukta Act, 2013[6]
In India, Ombudsman was coined as ‘Lokpal’ by Dr L. M Singhvi in 1963. It is derived from the Sanskrit word ‘Loka+ Pala’, where ‘Loka’ means ‘people’ and ‘Pala’ means ‘protector’ thus, it means ‘protector of people’. In 1966, the Administrative Reforms Committee chaired by Mr Morarji Desai submitted a report recommending the establishment of Ombudsman institution in India. In 1968, a bill was introduced by a private member Shri P. K. Deo, in the Loksabha, but the bill lapsed in the wake of the dissolution of the Loksabha in 1970[7]. The same bill was reintroduced in 1971 but did not pass. Before enactment the government of Maharashtra has established Lokayukta in 1972. Thus, it became the first state to create the Lokayukta. And Orissa is the first state which passes the lokayukta Act in 1986. In 2002, the National Commission for Review of (the working of the Constitution) and afterwards in 2005, the Administrative Reforms Commission recommended the appointment of Lokpal and Lokayukta. In May 2011, the Indian government ratified two UN Conventions.[8]
1. The United Nations Convention against Corruption
2. The United Nations Convention against Transnational Organized Crime.
These ratifications which came after the Anna Hazare_led movement against Corruption, aims to make corruption free India by implementing the regulations. Therefore, in 2013 the Lokpal and Lokayukta Act[9] was passed and enforce in 16 January 2014. It was further amended in 2016.
Key Provisions Of Lokpal And Lokayukta Act,2013[10]
Establishment: The Act provides for the establishment of Lokpal for the Union and Lokayukta for the state level.
Selection committee for Lokpal:[11] The chairman and the members of Lokpal are appointed by the President of India on the recommendation of selection committee. Selection committee shall consist of following person:
1. The Prime Minister
2. Loksabha speaker
3. Leader of Opposition
4. A judge appointed by the Chief Justice Of India
5. These four members shall recommend for one eminent jurist.
Composition of Lokpal:[12]
1. A chairman who has been a judge of the Supreme court or an eminent jurist
2. Two sets of member_
(a) Four judicial members
(b) Four non-judicial member.
3. At least 50% of the total members must from the OBC/SC/ST/ minority and women.
Jurisdiction:[13] Lokpal has its jurisdiction over the Prime Minister (only investigated in the matter not related to national security or international relations). Union Ministers, Members of Parliament, and Public Servants.
Powers and Functions of Lokpal:[14]
- Power to seize the assets, proceeds, receipts, and benefits of any official which are acquired by corrupt means.
- Powers of superintendence over, and to give direction to Central Bureau of Investigation.
- The inquiry wing of the Lokpal has been authorized with the powers of a civil court in certain cases.
- Lokpal has the authority to grant sanction for prosecution of public servants in place of the Government or competent authority
- The Lokpal keeps a watch over all public officials and can take suitable action against them if they do not function in accordance with the law.
- It can act either on the basis of any complaint made by a private person or suo moto . The Lokpal can summon or question any public official if there exists a prima facie case against the person, even before an investigation agency.
- Lokpal to function as the appellate authority for appeals arising out of any other law for the time being in force.
Establishment of lokayukta[15]:
Every State shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature, to deal with complaints relating to corruption against certain public functionaries, within a period of one year from the date of commencement of this Act.
Who Will Pay?
The Amendment Act 2016 enabled the leader of single largest party in the Lok Sabha to become a member of selection committee in the absence of Leader Of Opposition.
After a long waiting of five years, Justice Pinaki Chandra Ghosh was appointed as the first Lokpal of India in 2019.
Despite the delay in appointment, the Lokpal has rejected a large number of complaints nearly 90% over the last five years as they were not in ‘correct format[16].
The complaint is still filling but got rejected due to not presenting in proper way. However, the limitations period is only seven years from the date of committing offence.[17]
So, the questions are obvious that how can it work for former accused of maladministration or corruption?
Suppose, if any public servant is committing such offence during his tenure later exposed after the lapse of limitations period, what will be the consequences of that undermining situations? Who will pay the cost of economic burden ?
There is no effective parameters for determining the eligibility of eminent jurist. Its up to the discretion of members. They are free to recommend anyone as thinks fit. So, when the appointment procedure is not clearly mentioned, how can we say that this Act is made for government accountability and transparency?
This Act also protects the whistleblower. Suppose, if the whistleblower is pointing a wrong person who is innocent, is he(whistleblower) actually protected or prosecuted for false allegations? There is no such provision regarding it.
Judiciary does not come within the purview of Lokpal Act[18]. They are also a public servants within the meaning of section 21 of Indian Penal Code 1860[19]. Though the separate Act i.e Judges (Inquiry) Act 1968[20] exists to deal with offence committed by judges but still a gap left that why is the procedure change when it come to judges.
Conclusion
The Lokpal and Lokayukta Act[21] was a long-awaited step toward institutional accountability, born from public demand for clean governance. Yet, its impact remains limited by procedural gaps, vague criteria, and delayed enforcement. For it to truly serve its purpose, reforms must strengthen transparency and empower citizens. After all, history has taught us a hard truth: “Power tends to corrupt, and absolute power corrupts absolutely.”[22]
Author: Ariba Kamal
[1]Joe Biden, former vice president of the United States of America, <https://ba.usembassy.gov/ambassador-murphys-remarks-at-15th-annual-days-of-bosnian-and-herzegovinian-acadmy> accessed 16 October 2025
[2]The Lokpal and Lokayukta Act 2013
[3]Yoanna Schuch, “TACKLING CORRUPTION IN INTERNATIONAL ARBITRATION: KEY ISSUES AND CHALLENGES, Young Arbitration Review, 8th Annual edition. <www.wilmhale.com> accessed 16 October, 2025
[4]Tanzi Vito, ‘Corruption around the World: Causes, Consequences, Scope, and Cures’ (1998) 45 Staff Papers – International Monetary Fund 559
[5]The Lokpal and Lokayukta Act, 2013
[6]Ibid
[7] Rai, Haridwar, and Sikandara Prasad Singh. “OMBUDSMAN IN INDIA: A NEED FOR ADMINISTRATIVE INTEGRITY AND RESPONSIVENESS.” (1976) 37‘The Indian Journal of Political Science’, 43–63. JSTOR, <http://www.jstor.org/stable/41854746>. Accessed 10 September 2025.,
⁵ United Nation Office on Drugs and Crime “India: Government ratifies two UN Conventions related to transnational organized crime and corruption” <https://www.unodc.org/southasia/frontpage/2011/may/indian-govt-ratifies-two-un-conventions.html> Accessed 10 September. 2025
[9]Lokpal and Lokayukta Act 2013
[10]Ibid
[11]S.4 The Lokpal and Lokayukta Act 2013
[12]S. 3, The Lokpal and Lokayukta Act 2013
[13]S. 14 ,The Lokpal and Lokayukta Act 2013
[14]Chapter VIII, The Lokpal and Lokayukta Act 2013
[15]Section 63, The Lokpal and Lokayukta Act, 2013
[16]Vijaita, ‘ In Five years, Lokpal ordered probe in 24 cases, granted prosecution sanction in six’ ,The Hindu (India, January 18, 2025)< https://www.thehindu.com/news/national/in-five-years-lokpal-ordered-probe-in-24-cases-granted-prosecution-sanction-in-six/article69109878.ece> Accessed September 10 2025.
[17]S 53, The Lokpal and Lokayukta Act 2013
[18]Lokpal and Lokayukta Act 2013
[19]The Indian Penal Code 1860
[20]Judges (Inquiry) Act 1968
[21]Lokpal and Lokayukta Act 2013
[22]Lord Atkin writes to Bishop Creighton (1887) | Online Library of Liberty <https://share.google/JCfzeajgkrKA1TlOB> accessed 31 October 2025
